Part 5.
TEXAS BOARD OF PARDONS AND PAROLES
Chapter 145.
PAROLE
Subchapter A. PAROLE PROCESS
37 TAC §145.12
The Texas Board of Pardons and Paroles proposes amendments
to 37 TAC §145.12, concerning parole considerations. The amendments are
proposed to incorporate new language and restore old language under Chapter
145, Parole. The purpose of the amendments is to establish a voting option
for placement of offenders into the Serious and Violent Offender Reentry Initiative
(SVORI) program, and to restore language about subsequent reviews of parole
after denial.
Rissie Owens, Chair of the Board, has determined that for the first five-year
period the proposed amendments are in effect, there will be no fiscal implications
for state or local government as a result of enforcing or administering this
section.
Ms. Owens also has determined that for each year of the first five years
the proposed amendments are in effect, the public benefit anticipated as a
result of enforcing the amendments will be to provide a method of selection
of certain offenders to undergo a TDCJ rehabilitation program prior to release.
There will be no effect on small businesses. There is no anticipated economic
cost to persons required to comply with the amended rule as proposed.
Comments should be directed to Laura McElroy, General Counsel, Texas Board
of Pardons and Paroles, 209 West 14th Street, Suite 500, Austin, Texas 78701.
Written comments from the general public must be received within 30 days of
the publication of this amendment.
The amendments are proposed under §508.036, Government Code,
which provides the board with the authority to promulgate rules relating to
the board's decision-making processes, and §508.044, Government Code,
providing the board with the authority to adopt rules relating to the eligibility
of an inmate for release on parole or mandatory supervision.
No other statutes, articles or codes are affected by these amendments.
§145.12.Action upon Review.
A case reviewed by a parole panel for parole consideration may be:
(1)
deferred for request and receipt of further information;
(2)
denied a favorable parole action at this time and set for
review on a future specific month and year (Set-Off). The next review date
(Month/Year) for an offender serving a sentence listed in §508.149(a),
Government Code, may be set at any date after the first anniversary of the
date of denial and end before the fifth anniversary of the date of denial.
The next review date for an offender serving a sentence not listed in §508.149(a),
Government Code, shall be as soon as practicable after the first anniversary
of the denial.
(3)
denied parole and ordered serve-all, but in no event shall
this be utilized if the offender's projected release date is greater than
five years for offenders serving sentences listed in §508.149(a), Government
Code or greater than one year for offenders not serving sentences listed in §508.149(a),
Government Code
. If the serve-all date in effect on the date of the panel
decision is extended by more than 180 days, the case shall be placed in regular
parole review
;
(4)
determined that the totality of the circumstances favor
the offender's release on parole, further investigation (FI) is ordered in
the following manner; and, upon release to parole, all conditions of parole
or release to mandatory supervision that the parole panel is required by law
to impose as a condition of parole or release to mandatory supervision are
imposed;
(A)
FI-1--Release the offender when eligible;
(B)
FI-2 (Month/Year)--Release on a specified future date;
(C)
FI-3 R (Month/Year)--Transfer to a TDCJ rehabilitation
program. Release to parole only after program completion and not earlier than
three months from specified date. Such TDCJ program may include the Pre-Release
Substance Abuse Program (PRSAP);
(D)
FI-4 (Month/Year)--Transfer to Pre-Parole Transfer facility
prior to presumptive parole date set by a board panel and release to parole
supervision on presumptive parole date;
(E)
FI-5--Transfer to In-Prison Therapeutic Community Program.
Release to aftercare component only after completion of IPTC program;
(F)
FI-6 R (Month/Year)--Transfer to a TDCJ rehabilitation
program. Release to parole only after program completion and no earlier than
six months from specified date. Such TDCJ program may include the Pre-Release
Therapeutic Community (PRTC);
(G)
FI-7 R (Month/Year)--Transfer to a TDCJ
rehabilitation program. Release to parole only after program completion and
not earlier than seven months from the specified date. Such TDCJ program shall
be the Serious and Violent Offender Reentry Initiative (SVORI);
(H)
[
(I)
[
(5)
any person released to parole after completing a TDCJ treatment
program as a prerequisite for parole, must participate in and complete any
required post-release program.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State on April 26, 2004.
TRD-200402760
Laura McElroy
General Counsel
Texas Board of Pardons and Paroles
Earliest possible date of adoption: June 6, 2004
For further information, please call: (512) 406-5388
37 TAC §145.17
The Texas Board of Pardons and Paroles proposes amendments
to 37 TAC §145.17, concerning parole considerations. The amendments are
proposed to incorporate new language under Chapter 145, Parole. The purpose
of the amendments is to establish an additional circumstance in which a request
for special review can be considered, and to conform the language of the rules
to that of current board practice.
Rissie Owens, Chair of the Board, has determined that for the first five-year
period the proposed amendments are in effect, there will be no fiscal implications
for state or local government as a result of enforcing or administering this
section.
Ms. Owens also has determined that for each year of the first five years
the proposed amendments are in effect, the public benefit anticipated as a
result of enforcing the amendments will be to provide a procedure for special
review when both panel members who voted with the majority are no longer with
the Board and to clarify voting procedures. There will be no effect on small
businesses. There is no anticipated economic cost to persons required to comply
with the amended rule as proposed.
Comments should be directed to Laura McElroy, General Counsel, Texas Board
of Pardons and Paroles, 209 West 14th Street, Suite 500, Austin, Texas 78701.
Written comments from the general public must be received within 30 days of
the publication of this amendment.
The amendments are proposed under §508.036, Government Code,
which provides the board with the authority to promulgate rules relating to
the board's decision-making processes, and §508.044, Government Code,
providing the board with the authority to adopt rules relating to the eligibility
of an inmate for release on parole or mandatory supervision.
No other statutes, articles or codes are affected by these amendments.
§145.17.Action upon Special Review of Information Not Previously Available--Release Denied.
(a)
This rule provides a forum for receipt and consideration
of information not previously available to the parole panel where the decision
of the panel was to deny release to parole or mandatory supervision. While
affording a remedy for consideration of such information, the Board also intends
by this rule to reduce frivolous and duplicate requests for special consideration.
(b)
Requests for special review shall apply only to cases reviewed
for release to parole or mandatory supervision where the decision of the parole
panel was to deny release to parole or mandatory supervision.
(c)
All requests for special review shall be in writing.
(d)
Requests for special review shall be considered in the
following circumstances:
(1)
a parole panel denied release to parole or mandatory supervision
and a parole panel member who voted with the majority on that panel desires
to have the decision reconsidered prior to the next review date; or
(2)
a petition on behalf of an offender cites information not
previously available to the parole panel.
(3)
If both parole panel members
who voted with the majority are no longer active board members or parole commissioners,
the presiding officer (chair) or designated board member may place the decision
in the special review process to be reconsidered prior to the next review
date.
(e)
Information not previously available shall mean only:
(1)
responses from trial officials and victims;
(2)
a change in an offender's sentence and judgment; or
(3)
an allegation that the parole panel commits an error of
law or board rule.
(f)
All requests for special review shall be filed with The
Texas Board of Pardons and Paroles, Board Administrator, P.O. Box 13401, Austin,
Texas 78711.
(g)
The board administrator shall refer to the special review
parole panel only those requests for special review which meet the criteria
set forth herein.
(h)
A special review parole panel
, other than the current
voting panel,
shall decide and exercise final action on such requests
for special review.
(i)
Upon considering a case for special review, the special
review parole panel may take the following action:
(1)
defer for request and receipt of further information;
(2)
deny special review; or
(3)
grant special review and revote the case in accordance
with applicable provisions of Chapter 145 of this title (relating to Parole
Process).
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State on April 26, 2004.
TRD-200402761
Laura McElroy
General Counsel
Texas Board of Pardons and Paroles
Earliest possible date of adoption: June 6, 2004
For further information, please call: (512) 406-5388
Chapter 273.
HEALTH SERVICES
(G)
] FI-9 R (Month/Year)--Transfer
to a TDCJ rehabilitation program. Release to parole only after program completion
and no earlier than nine months from specified date. Such TDCJ program may
include the In-Prison Therapeutic Community (IPTC);
(H)
] FI-18 R (Month/Year)--Transfer
to a TDCJ rehabilitation treatment program. Release to parole only after program
completion and no earlier than 18 months from specified date. Such TDCJ program
may include the Sex Offender Treatment Program (SOTP);
Part 9.
TEXAS COMMISSION ON JAIL STANDARDS